Some Trump-era NLRB Election Changes Voided in Mixed Ruling (2)

Some of the National Labor Relations Board’s Trump-era changes to the agency’s union election procedures that lengthened the process for workers to vote fell in a federal appeals court challenge, while others survived review.

Two of the five challenged provisions in the NLRB’s regulation that amended aspects of the election framework were rules of agency procedure and didn’t need to go through full notice-and-comment rulemaking, a divided US Court of Appeals for the District of Columbia Circuit ruled Tuesday.

The appeals court affirmed the lower court’s invalidation of three provisions, finding they dealt with substantive rather than procedural rights.

The ...